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Ordinance 94-2966 ORDINANCE NO. 94-2966 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING COMPREHENSIVE ZONING ORDINANCE NO. 89-2665, AMENDING SECTION 6, ENTITLED "SCHEDULE OF DISTRICT REGULATIONS", AMENDING SUBSECTION 6-1, ENTITLED "RS-1, RS-2, RS-3, RS-4 SINGLE FAMILY RESIDENTIAL DISTRICTS" BY REMOVING HELICOPTER PADS AND LANDING AREAS FROM THE CONDITIONAL USE CATEGORY; AMENDING SUBSECTION 6-21, ENTITLED "REGULATION OF ACCESSORY USES" BY CLARIFYING THAT LANDING OR STORAGE AREAS FOR HELICOPTERS, OR OTHER AIRCRAFT ARE NOT PERMITTED AS ACCESSORY USES IN SINGLE FAMILY DISTRICTS; PROVIDING FOR INCLUSION IN THE ZONING ORDINANCE; PROVIDING FOR REPEALER, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City Commission is interested in preserving the existing character of the single family districts; and, WHEREAS, the City Commission has determined that helicopter landing pads or the storage of helicopter or other aircraft are not acceptable accessory uses in the single family districts; and WHEREAS,regulations are needed to protect the existing character of the city's residential districts. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. Subsection 6-1, entitled "RS-1, RS-2, RS-3, RS-4 Single Family Residential Districts" of Zoning Ordinance 89-2665 of the City of Miami Beach, Florida is hereby amended as follows: 6-1 RS-1, RS-2, RS-3, RS-4 SINGLE FAMILY RESIDENTIAL DISTRICTS A. Purpose and Uses 1. District Purpose 2. Main Permitted Uses 3. Conditional Uses 4. Accessory Uses This district is designed to protect Single Family detached Dwelling. . Those Uses customarily associated the character of the single family None with Single Family homes.(See neighborhoods. Section 6-21). * * * 1 SECTION 2. Subsection 6-21, entitled "Regulation of Accessory Uses" of Zoning Ordinance 89- 2665 of the City of Miami Beach, Florida is hereby amended as follows: 6-21 REGULATION OF ACCESSORY USES * * * E. Permitted Accessory Uses in Single Family Districts - those Uses which are customarily associated with single family houses such as but not limited to decks, swimming pools, spas, ornamental features, tennis courts. However, in no instance shall landing or storage areas for a helicopter, or other aircraft, be permitted as an accessory use. The Planning and Zoning Director may allow other Accessory Uses if the Director finds after consultation with the Chairman of the Planning Board that they will not adversely affect neighboring properties, based upon the criteria listed in Section 17-3,B of this Ordinance. Appeal of the Director's decision is to the Board of Adjustment pursuant to Section 16 of this Ordinance. SECTION 3. INCLUSION IN ZONING ORDINANCE NO. 89-2665. It is the intention of the City Commission, and it is hereby ordained that the provisions of this ordinance shall become and be made part of the City of Miami Beach Zoning Ordinance No. 89-2665 as amended; that the sections of this ordinance may be renumbered or relettered to accomplish such intention; and that the word "ordinance" may be changed to "section" or other appropriate word. SECTION 4. REPEALER. That all Ordinances or parts of Ordinances in conflict herewith be and the same are herewith repealed. SECTION 5. SEVERABILITY. If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION 6. EFFECTIVE DATE. This Ordinance shall take effect on the 31st day of December , 1994. PASSED and ADOPTED this 21st day of Decembe, , 1994 MAYOR ATTEST: q7,t)Lik_Jk CITY CLERK Underline=new language DJG/JGG S`ri�aut= deleted language C:\WP\1203.ORD October 26,1994 1st reading 11/16/94 2nd reading 12/21/942 FORM APPROVED Legal Dept By J2 , Date // - ZJ-- CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139 COMMISSION MEMORANDUM NO. C'.59—9 y TO: Mayor Seymour Gelber and DATE: Members of the City Commission DECEMBER 21, 1994 FROM: Roger M. CarttergAi/k---- City Manager SUBJECT: SECOND READING — AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING COMPREHENSIVE ZONING ORDINANCE NO. 89- 2665, AMENDING SECTION 6, ENTITLED "SCHEDULE OF DISTRICT REGULATIONS", AMENDING SUBSECTION 6-1, ENTITLED "RS-1, RS-2, RS-3, RS-4 SINGLE FAMILY RESIDENTIAL DISTRICTS" BY REMOVING HELICOPTER PADS AND LANDING AREAS FROM THE CONDITIONAL USE • CATEGORY; AMENDING SUBSECTION 6-21, ENTITLED "REGULATION OF ACCESSORY USES" BY CLARIFYING THAT LANDING OR STORAGE AREAS FOR HELICOPTERS, OR OTHER AIRCRAFT ARE NOT PERMITTED AS ACCESSORY USES IN SINGLE FAMILY DISTRICTS; PROVIDING FOR INCLUSION IN THE ZONING ORDINANCE; PROVIDING FOR REPEALER, SEVERABILITY AND AN EFFECTIVE DATE. RECOMMENDATION The Administration recommends that the City Commission adopt on second reading the attached Ordinance regarding the removal of helicopter pads and landing areas from the conditional use category for all single family zoning districts within the City. BACKGROUND The City Administration, through the Planning Design and Historic Preservation Division, is requesting to amend Zoning Ordinance 89- 2665 by removing helicopter pads and landing areas as a Conditional Use within all single family districts within the City. The amendment also clarifies that landing or storage areas for helicopters or other aircraft of any type are not permitted as accessory uses in single family districts. PAGE 1 OF 3 AGENDA ITEM DATE 12-21 -9Y On September 22, 1994, the City Commission held a public hearing to consider an appeal of a Planning Board decision which denied a conditional use request to establish a helicopter landing area within the rear yard of a single family residence. That appeal was made pursuant to Subsection 17-4 (G) of Zoning Ordinance No. 89-2665, which allows for the appeal of Conditional Use decisions made by the Planning Board to the City Commission. The appellant came before the Miami Beach Planning Board on May 31, 1994 . At this public hearing, the Planning Board, by a vote of 7-0, denied the Conditional Use request. At the City Commission public hearing on September 22, 1994 , the Commission upheld the Planning Board's decision to deny the request. On October 25, 1994, the Planning Board held a public hearing on the proposed amendment and voted 7-0 to recommend approval of the amendment removing helicopter pads and landing areas as a Conditional Use within all single family districts within the City. The Board also asked that the Administration look for an appropriate area within the City limits that might accommodate the landing of private helicopters; optionally to negotiate with the City of Miami to permit such landings on Watson Island. On December 7, 1994, the City Commission held a public hearing on the attached Ordinance and adopted the amendment on first reading. ANALYSIS Of particular note in the public hearing before the Planning Board on May 31, 1994 , was the testimony relating to noise and to the direction of take-off of the helicopter and its potential impact on the neighborhood in question. The Board specifically found, and the City Commission, (at the September 22 , 1994, public hearing regarding the appeal) , concurred: 1. That the neighborhood surrounding the proposed conditional use consists of single family detached homes; 2 . That the conditional use would intrude upon and be inconsistent with the residential nature of the neighborhood; 3 . That the take-off and landing of a helicopter on the proposed helistop would present a safety hazard to the surrounding area; PAGE 2 OF 3 4. That the take-off and landing of a helicopter within 300 yards of adjoining properties would create noise levels in excess of the allowable threshold, and; 5. That the use of a helistop on the property would have an adverse impact upon the welfare of the residents in the neighborhood. Based on the above public hearings, the City Commission determined that helicopter landing pads or the storage of helicopters or other similar aircraft are not acceptable uses within the City's single family residential districts and that regulations prohibiting said uses are needed to protect and preserve the existing character of the City's single family residential areas. CONCLUSION Based on the foregoing, the Administration has concluded that the proposed amendment is necessary to protect the character of the single family districts and, therefore, that the City Commission should adopt on second reading this Ordinance to prohibit the use of helicopter landing pads or the storage of helicopters or other aircraft of any type within the single family residential districts of the City. DJG\MHF\DISK#10\1203CM1.94 PAGE 3 OF 3 r • a) U G k+-1 of o >, G to •H a) 1/4o •r-I rn rt, —Icez N $-i cg a1 • 1 O b G4 • �t a) UD 6.0.G G a) • Gu •rl 1--1 • • Hcnb tD • aZ 0 •• aW •H • • W N VI • • •4 to u] 1J O ri b 0 •r1 p a) G �+ o a) E N I m Cd r i (n •- .' bO o in v ^ � O qo R CV ro 1 •rl OD CV 4N CI) u •H• 0, •u a) b 00 - b • a..t r •H c a) • m 1 to 0 •H of') a) ¢Czraww